Transcript U.S. Supreme Court, Abrams v. United States

Abrams v. United States
• Work taken from the United States Reports
of the U.S. Supreme Court
• Argued October 21-22, 1919
• Decided November 10, 1919
Court Membership
• Chief Justice was Edward Douglass White.
• Associate Justices: Joseph McKenna, Oliver
Holmes, William Day, Willis Van Devanter,
Mahlon Pitney, James McReynolds, Lois
Brandeis, and John Hessin Clarke
• Case opinions: Majority by Clarke and Dissent by Holmes
Defendants
• Jacob Abrams and four colleagues were
convicted of conspiring to violate the
Espionage Act.
Main Points
According to Mr. Justice Clarke and the opinion of the courts,
Abrams and others advocated a strike in
munitions production and the violent
overthrow of the Government.
– “Courts charge the defendants with conspiring to unlawfully utter, print,
write and publish abusive language about the form of government of the
United States.”
– “The manifest purpose of such a publication was to create an attempt to
defeat the war plans of the government, by bringing upon the country the
paralysis of a general strike, thereby resting production of munitions and
other things essential to the conduct of war.”
Main Points
The points of Mr. Justice Holmes dissenting,
Abrams and others should not be viewed as
criminals due to their writings
– “Advocacy of a general strike do urge curtailment of production of things necessary
to the prosecution of the war within the meaning of the Act of 1917. But to make
the conduct criminal that statute requires that it should be with intent by such
curtailment to cripple or hinder the United States in the persecution of the war.”
The first amendment should protect Abrams freedom
of speech
– “ I refer to the First Amendment to the Constitution that Congress shall make no
law abridging the freedom or speech.”
Main Points
Congress cannot forbid all effort to
change the mind of the country.
– “ The principle of the right to free speech is always the same. It is only the
present danger or immediate evil or an intent to bring it about that
warrants Congress in setting a limit to the expression of opinion where
private rights are not concerned.”
• The truth has to be accepted within the
competition of the market.
– “The best test of truth is the power of the thought to get itself accepted in
the competition of the market, and that truth is the only ground upon
which their wishes safely can be carried out.”
Historical Significance
• Abrams v. United States was during the time while
America intervening into the Russian Revolution
• The case involved the 1918 amendment to the
Espionage Act of 1917 which made it a criminal
offense to criticize the U.S. Federal Government.
• The case was overturned during the Vietnam War
Era in Brandenburg v. Ohio
• Based on Holmes argument of “clear and present
danger”
Questions to Consider??
• If we can agree that what Abrams advocates
in his pamphlet is wrong, how can we most
effectively discredit his argument?
• When does one cross the line between
freedom of speech and immediate danger or
evil intent?